Depending on the details of your case, it might be possible to use the conduct of the police officers involved as part of your defense. If you can prove that police misconduct occurred, there is a possibility that you could have the case against you dismissed. If you are facing a criminal charge and feel there was police misconduct involved, here is what you need to know.
What Is Police Misconduct?
In most instances, police misconduct refers to the officers breaking the law while performing their duties. For instance, if a police officer planted evidence, this could be considered police conduct.
One of the most basic ways of determining if there was misconduct is the end result of an officer's actions. An officer who used his or her power to violate the law is most likely committing misconduct. Your attorney can help you determine whether or not misconduct was present in your case.
What Can You Do?
There are several things you can do if you believe that the police violated the law. One option is to ask the court to dismiss any evidence that was illegally obtained. For instance, if the police did not have a search warrant for your home and there were no extenuating circumstances that could give him or her the right to do so, any evidence he or she collected during the search could be excluded.
If that evidence is the only proof that the prosecutor has against you, it is likely that the court will dismiss the charge against you.
Another option is to file a lawsuit against the police officer and the department. For instance, if a police officer assaulted you during an interrogation to gain a confession, you could file a lawsuit. Police officers do not have the right to use intimidation or violence during an interrogation to garner information.
How Can You Prove Misconduct?
If the misconduct is physical and results in injuries, you could rely on medical reports and photographs of your injuries to make your case. If there were witnesses, your attorney could ask for a subpoena to compel them to testify to what they witnessed.
You can also file a request for the police officer's personnel records. Personnel records contain numerous documents that could be useful, such as complaints filed by citizens and records of any disciplinary actions taken against the officer.
By working with an experienced criminal attorney, you can fully explore a police misconduct defense and determine the best way of presenting your case to the court. Contact a criminal attorney office, such as LaCross & Murphy, PLLC, for help with your case.